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Appeal dismissed. The Court of Appeal held the arresting officer had objectively reasonable and probable grounds, so there was no ss. 8 or 9 Charter breach.
Charter voir dire in R. v. Hill: the court found s. 8 breaches in searches of bags in a vehicle, but admitted the evidence under s. 24(2).
Appeal from an assault conviction by a police officer. The court held the trial judge erred by not considering s. 495(3) of the Criminal Code and ordered a new trial.
The Court upheld the motion judge: the search warrant execution after 9:00 p.m. without s.488 grounds violated s.8 but the Grant factors supported admission of the evidence because the breach was inadvertent, the timing caused no additional privacy intrusion, and society's interest favored admission; independently, the arrest was supported by reasonable grounds based on the officer's experience, the arsenal found in the storage locker, the appellant's relationship with the renter and his firearms-related history, so the search incident to arrest and the seizure of keys were reasonable and adm…
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The appeal is dismissed because the Crown attempted to rely on a legal basis on appeal that was not advanced at trial; it would be unfair to set aside the acquittal or order a new trial on that new basis, and therefore the trial judge's acquittal stands.
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The court dismissed a Charter s. 24(2) application, finding reasonable and probable grounds for arrest and no breach of the s. 10(b) right to counsel.
Oral voir dire ruling on a Charter challenge to arrest in a drug-trafficking investigation. The court held the officer had objectively reasonable grounds and dismissed the application.
The Court held the arrest was lawful because the officer had a subjective belief supported by objective reasonable and probable grounds—appellant received the controlled-delivery package, was the only person remaining at the residence, and left shortly thereafter with a bag capable of carrying the delivered bricks—there was no breach of ss.8 or 9 of the Charter, and even if there had been a breach the evidence would not have been excluded; accordingly convictions for possession for the purpose of trafficking and related offences were upheld while the summary conviction for simple possession o…
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Federal Court dismissed a Charter damages claim arising from a customs search, arrest and handcuffing at Pearson Airport, finding reasonable grounds and no denial of counsel.
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